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San Bernardino Separation Lawyer
If you are planning on legally separating from your spouse, it is within your best interests to hire a San Bernardino separation lawyer from the Law Office of Laurence J. Brock. Becoming legally separated is far more complicated than simply moving out of your home. Having a plan and a legal strategy in place will do wonders to protect yourself and your family for the future.
In family court, judges will often rule to keep the status quo as much as possible. This means that if you made rash decisions when separating from your spouse—and continued to live with those decisions—they may end up becoming permanent.
For example, if you enter into a loose custody arrangement that you don’t actually want, the judge may certify it because that would be the schedule the kids are now accustomed to. This is why you must plan ahead and take the following considerations into account when separating:
Where You Want to Live – If you both want to remain in the family home, you will be at a disadvantage during the divorce trial if you move out when separating.
Custody Schedules – Working with a San Bernardino separation lawyer from our office makes it easier to create a temporary child custody arrangement that you can both live with while the divorce is pending. The custody agreement may become permanent, so it’s important to get it right during the separation.
Dividing Financial Responsibilities – While separated, bills will still need to be paid. Who will have access to which bank accounts, credit cards, and the like will also need to be sorted out.
These are only some of the issues that your San Bernardino separation lawyer will discuss with you during your free consultation.
For a separation to be legal, you need to go before a family court. This is a very important point to make because some couples agree to separate, continue to live in the same home, and then find that the court does not acknowledge their separation date during a divorce trial. This can impact a number of things, such as spousal support.
As a result, you should file for a legal separation with the help of a San Bernardino separation lawyer. Even if you’re hoping to reconcile later, it’s best to be prepared for all possible outcomes.
Benefits of Legally Separating
There are several ways that a legal separation can benefit you, including the following points:
You will not be responsible for any contracts or financial agreements entered into by your spouse after the separation date. This means that any credit cards or loans taken out after that date will not be shared liabilities.
A clear plan will be in place for who is to pay which debts, leaving no ambiguity.
Custody arrangements ensure access to your children, even if the divorce becomes contentious.
You can separate physically and legally but still have some of the financial benefits associated with marriage, such as staying on each other’s health insurance.
Deciding to Divorce
If you decide to reconcile, you can do so at any time. However, if you want to move forward with the divorce, it is far easier to do so with a legal separation already in place.
Since a legal separation addresses the same issues you would address in a divorce, your San Bernardino separation lawyer will file an amended petition requesting to proceed with a divorce on your behalf. With all of the financial, custody, and asset issues sorted out, this process tends to be fairly smooth.